rounding out, that he has really done great damage, not only to himself, but to the reputation of law enforcement. >> reporter: nbc bay area was the first to obtain this undercover video showing butler and a former commander of contra costa's drug enforcement team norman welsh taking part in an apparent drug deal. butler has admitted he teamed up with welsh to steal drugs from law enforcement evidence lockers and sell them back on the street. today he choked back tears as he apologized to the community, fellow officers, and his family. >> i think he is genuinely sorry because it was for a 51-year-old person a limited period of his life where he just got off the track. and there are a lot of reasons for it. it's nobody else's fault but his, and he is very sorry. >> reporter: now things could have been much worse for butler. he actually face admin mum of

about 12 1/2 years in prison, and that's the sentence the probation officer recommended. but because he has cooperated with the government and agreed to testify against his alleged co-conspirator norman welsh, he got the lighter eight-year sentence. norman welsh's attorney says he is shocked by this sentence. he told me tonight he still believes that butler was the mastermind of it all who he says has lied every step of the way. reporting live in oakland, i'm jodi hernandez, nbc bay area news. >> jodi, thank you. in the south bay now, they're calling it a horrible, irreversible mistake. that's how the santa clara county district attorney is classifying the shooting death of a 3-year-old boy who was the son of a san jose police officer. today the d.a.'s office announced the boy accidentally killed himself with his father's weapon. investigators are not filing criminal charges against officer brandon orlando. they athe shooting did not meet all the required elements for charging him with the criminal

storage of a fire arm. the shooting happened at the family's home in gilroy on july 5th after the boy found his father's gun in the drawer of a nightstand. the district attorney said it's a sad and precautionary tale about gun safety. president obama's united nations address began with a tribute to chris stevens. mr. obama called on the world leaders to join him in condemning the violence that killed stevens and three american staffers in the u.s. consulate in benghazi, libya. the president then explained to world leaders why the u.s. cannot ban a youtube clip blamed for much of the violence in the middle east. the clip insults t s ths the pr muhammad. >> as president of our country and commander in chief of our military, i accept that people are going to call me awful things every day, and i will always defend their right to do so.

>>. [ applause ] >> president obama said there is no speech that justifies mindless violence and promised stevens' killers will be brought to justice. the president also discussed hope that concerns over iran's nuclear programs can be addressed through diplomacy. from heartache to hope, it's a bittersweet day for a peninsula family whose loss of a child could help save the lives of others. doug and linda studebaker spoke at their home with assemblyman jerry hill. hill authored a bill which was signed into law today that will tighten loopholes around underaged drinking on party buses. the couple's 19-year-old son brett was killed two years ago when he crashed his car after being on a party bus. >> and i feel happy that something good can come out of something so bad. and that's, i think -- >> i think it's nicely put. we feel brett's presence quite a

bit. we know that brett is smiling down on this day. >> the new law requires an adult chaperon, ids to determine who is under 21, and many other changes. the law takes effect january 1st. meanwhile, in a separate case, the chp is still investigating the death of a 25-year-old woman who fell out of a party bus and died on highway 17 in july. well, from the company that made googling a verb, a new way to get around. a bit of california history made at google headquarters today as the governor signed a bill into law making the driverless car street legal. nbc bay area's business tech reporter scott budman was there for the signing. he joins us now. scott, i got to tell you, the whole driverless car thing makes me a little nervous. >> reporter: so far they are safe, but even google admits it's early and there is lots of work to be done. today's bill signing is a step

towards a new kind of technology on the road, and it started with the governor being driven in with no hands on the wheel. no hands required as google founder sergey bry brin arriveda car that drives itself, to sign a bill that allows the self-driving cars in california. it's a boost for google technology as well as for those who have thus far been unable to drive. >> there are many, many people who are underserved by our transportation today. you know, blind is one of them. some people have other disabilities. some people are too young. some people are too old. sometimes we're too intoxicated. >> reporter: google says it has tested its driverless cars for 300,000 miles, and they've been safe. are you ready to jump into a car and let it take you for a ride? the governor says this is what california innovation is all about.

>> and that's the essence, as i understand it, of google, being able to imagine what isn't and bringing be it into reality. so today we're looking at science fiction becoming tomorrow's reality. the self-driving car. >> reporter: like many technologies developed here in silicon valley, this one sll needs time to grow and answer questions like who gets the ticket if a self-driving car runs a red light. >> self-driving cars do not run red lights. >> reporter: and there you have it. something else to consider about the hype about the google glasses. sergey brin was wearing them there. maybe when you're being driven to work you can check your stock, facebook updates in front of you on your windshield. the possibilities are endless. >> can you sit in the car behind the steering wheel and it drives for you? >> you sit in the car behind the steering wheel. in fact the law at first says somebody does have to be there.

but you don't have to steer. all the gps and technology involved puts the car on a path for you. >> fascinating. thank you, scott budman. san jose police released surveillance videos of man robbing a bank. the man is seen wearing a baseball bat and hooded sweatshirt. you see it here. the most recent robbery happened on september 5th at a u.s. bank in sunnyvale. the other robbery happened in late august also at a bank but in san jose. in both cases the man took off on foot with an undisclosed amount of cash. weeks of protest failed to block today's vote to move forward with the expansion of the county jail. the line of opponents stretched far outside the courthouse where the supervisors voted to approve the project. they argued against insisting that everyone who breaks the law or is suspected of breaking one doesn't have to be blocked up. >> going back to alternative sliex bail reduction, having different bail schedules. using as or to release people.

people want other alternatives plus ankle monitors. >> we want to have space in a jail for counseling programs, drug and alcohol treatment programs, vocational training. >> now the county maintains the women's jail in particular is overcrowded and outdated. still ahead here at 5:00, they're on the opposite sides of the aisle. however, there is one thing both the president and mitt romney agree on -- education reform. the details of their plans coming up next. and a little riot with big consequences. the video just surfacing now of a fight at the apple product factory in china. and did you hear what happened during monday night football? why it's more than just wins and money on the line here. we'll tell you about it. and good afternoon. i'm jeff ranieri in the nbc bay area weather center. fog already building back at the coastline right now. and temperatures close to the 50s in san francisco. and plenty of heat in livermore with 85 degrees. if you're headed out to the giants game for tonight, do expect the fog and mid-50s.

we're back with the seven-day forecast in minutes.

even if you're not a football fan, you might have heard what happened last night. the seemingly botched call on the final play of the game between the seattle seahawks and green bay packers. it clearly appears the packers intercepted the ball and won the game. however, the replacement referees ruled otherwise, saying the seahawks player had control of the ball therefore the seahawks won the game. replacement refs have been widely criticized in the last few days. players, fans, and even president obama urging the nfl to settle its labor dispute with the real referees. let's bring in nbc bay area's kris sanchez who joins was the controversial call. my gosh, the country is up in arms, kris. >> i know. i heard people talking about football, raj, who i never hear talking about football after

that call at the end of last night's game. while this is a sports story, it is also about a labor dispute. even if you weren't in front of the nfl replacement referees ruled this a seahawks touchdown instead of a green bay packers interception, you probably heard about it since. there were hundreds of thousands of tweets about the referee lockout, including one from president obama, who wrote "nfl fans on both sides of the aisle hope the refs lockout is settled soon." and sportsbook.com offered to refund bets on that game as a new jersey state senator said he would introduce a bill banning replacement referees if in his state. santa clara university's head of the institute of sports, law, and ethics says there must be more at stake than meets the eye. >> the fact that the league would put up with this kind of damage to its image tells me they're -- assuming rational behavior, there must be something officials are asking

for that is unacceptable. >> reporter: there is a salary component. referees would like to make more than the $150,000 a year average. the nfl has offered to up that to $189,000 by 2016. the refs also want to keep the steady retirement cash a pension provides. the league wants them to pay in, as most of us do with a 401(k). and the nfl also wants to add more referees, which referees say will affect their job security and pay. and finally, the nfl wants refs to work full time for the nfl instead of part-time as they do now. while the leagues and the refs fight it out, fans are blaming brutal hits like this one on oakland's darrius heyward-bey on the replacement referees. ian perry of san leandro referees for high school and youth football and says the replacement referees are in over their heads. >> the speed is just amazing. i mean, i'm 41. it's hard to keep up with the 17-year-old kids. these guys from high school and junior colleges put in the nfl, ridiculous. there is no way they can keep up, no way.

>> reporter: as the two sides stare each other down there, is something that fans can do. fans can of course boycott. but given the fact that the nfl revenues are up even in a down economy might signal that fans just don't have that in them. back to you guys. >> thank you very much, chris. too costly to do business, comcast says. that's the reason it's cutting up to a thousand jobs and shutting several call centers in northern california. here are the details. three call centers in morgan hill, livermore, and sacramento will close. the company is offering employee jobs at its other west coast offices including in portland, seattle, and denver. comcast does own nbcuniversal and this station. the economy has more than 5,000 employees in california. again today, san francisco's board of supervisors considered altering its building code to allow the construction of the so-called microapartments. we simulated the 300-square-foot floor plan in this video with tape and a couple of volunteers.

it fits about a ping-pong table and a small dining room table. the supes postponed the plan. opponents fear the units would boost population density and strain city services. president obama and mitt romney are both weighing in on critical issues facing education. nbc's danielle leigh has more on proposed solutions the candidates offered during the final day of nbc's education nation summit. >> and also -- >> reporter: standing inside the new york public library, mitt romney laid out what he calls crucial components for education reform. >> the key for me is it relates to great teachers and creating families that could support their child in education. >> reporter: in a pretape interview, president obama did the same. >> i'm a strong believer that the way you get results is to get everybody involved. >> reporter: both men echoed the priorities expressed by educators in the education summit. >> a student zip code should not determine the trajectory of

their life. >> america must have the best schools in the world. >> reporter: the importance of a better evaluation system for teachers that awards them with higher pay. >> the countries that outcompete us, that's what they do. >> reporter: and demands that entire communities support their schools. >> we cannot afford to leave children behind. >> reporter: where romney and obama don't agree is on how to fund those goals. president obama plans to reward states using national education standards known as the common core. >> we're going to give more money to those schools that are serious about reform. >> reporter: romney would rather let states set their own standards. but tie funding to students and let those students decide where to attend. >> i want to provide incentive at the federal level to encourage states, to encourage new choice. >> reporter: two different approaches, both aimed at improving our children's future. in new york city, i'm danielle leigh for nbc news. something to consider while you make your decision. reading scorns the s.a.t.s for the high school class of 2012

reached a four decade low. according to the board that administers the test, scores declined among every racial group except for those of asian descent. 57% did not score high enough to indicate likely success in college. many experts attribute the continued ed decline to more tg the test, the highest number in the exam's history. more people are undergoing knee replacement surgeries, and the public is picking up a lot of that cost. a new study shows the number of people having their knees replaced increased drastically in the past 20 years, mostly because of an aging, but active population. the surgery among medicare students went from 93,000 in 1991 to nearly 250,000 in 2010. now with the increase in surgeries comes an increase in costs. medicare covers the majority of expenses related to total knee replacements. the average cost of the procedure $15,000.

military leaders want to boot junk food from schools. nearly 300 retired generals and admirals released a report today called mission readiness. they say junk food not only causes obesity, but eventually leads to many young adults who cannot serve in the military, putting national security at risk. the report says 26 million people between the ages of 17 and 24 are overweight or obese. military leaders say new federal guidelines on school lunches, that's a start. but they're asking congress to do even more. let's check in with meteorologist jeff ranieri. it was a nice day outside today. >> a lot of sunshine and temperatures up in the interior valleys, some of the top temperatures antioch at 89. livermore at 89. los gatos at 86. and when you think about where we are for this time of year, not quite record-setting with the 89 in livermore. it was at least close to average. we would have had to beat 101 to get a new record. a september food for thought here was above average. 21 out of 25 days at above 80

and/or greater. let's get a look at the current numbers outside. we're starting to drop the most across the coast. that's where that fog is beginning to roll in. let's take you outside of that live. hd sky camera network. much of downtown shrouded in some cloud cover tonight. and that could even produce some drizzle as we head throughout tomorrow morning. let's get a look at the marine layer. stretching from the north bay to santa cruz. it's going to have an easier time moving across the peninsula and the south bay for tonight. at few areas of low clouds expected. but the real marquee item to focus in is this area of high pressure. a lot of warm air centered with this and compressional heating. as that gets closer every day, it's going to produce offshore wind. in that seven-day forecast, even going to be a little bit of beach weather mixed in there. we are looking at 60s to 70s at the coastline as we head throughout the next two to degree days. and for interior valleys, instead of the 70s and 80s,

we'll find a mix of 80s by the bay and 90s for the interior valleys. by thursday, we're looking at even more hot air building for this weekend. that looks to be potentially about the 10 degrees above average. as for your fog futurecast hour-by-hour on wednesday morning, we'll find low clouds up into the north bay. also for the entire coastline, it's going to take a while to push back. we think by 1:00 p.m. we'll have more widespread sunshine like we had today. it's going to be pretty hazy as that air quality is going to continue to suffer as you get more of this hot weather building throughout this week. numbers above average, especially in los gatos, with 90 degrees. also a little bit above average in palo alto with 81. another hot spot will be morgan hill at 90. san jose in between with mid-80s. the tri valley will find plenty of mid- to upper 80s. 90 in livermore. 90 in fairfield and 90 in walnut creek. over the east bay hills, find the typical 70s from alameda down to hayward. san francisco, we're going to stay slightly on the warm side

at least for this time of the year with 70 in san francisco. 72 in berkeley. 74 in oakland. and 82 in santa rosa. north bay definitely not the hottest. it will be pretty comfortable. as we head throughout wed, thursday, and friday, low 90s expected inland. and then we start to heat things up. and take a look at this upcoming weekend. by saturday and sunday, this looks much more like summer. coming our way for this upcoming weekend with mid-90s. near record-setting temperatures. dry offshore winds. that will also increase our fire danger. you know, if you've got a pool, that's kind of the good thing there by sunday. then as we look ahead towards next tuesday, another drastic change. numbers are expected to cool. and we may be talking about showers by the mid part of next week. a real roller coaster ride on the seven-day forecast. but it really is what we're used to this time of the year. >> did you say pool? do we have an nbc pool? >> there is one out back. did you notice? you need a key card to get. in. >> i haven't seen it yet. >> we'll be right back. [ laughter ] [ girl ] wow. you guys have it easy.

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brawl on tape. new video out of china today that claims to show the fight that shut down the foxcom plant. 40 people were injured in that fight. today the plant has reopened. but there are still lingering signs of the riot. the factory is still surrounded by police. windows are smashed. some gates are still flat on the ground. foxcom is chinese factory that among other things manufacturers the iphone 5.

what are you going to be for halloween? that question not just for kids anymore. a new survey by the national retail federation says a total of $8 billion will be spent on decorations, costumes, and candy. that is a ten-year high. the greatest increase in sales,

though, not from kids. it comes from adult costumes. it's $200 million. but a quarter of those surveyed are still saving money by making their own costumes and spending less on -- you can't spend less on candy. >> i love halloween. it's my favorite, favorite, favorite holiday. >> you probably already know what you're going to be this year. >> i'm going to be a cotton candy. >> i knew it. >> i made it last year for olivia. i'm going to put it on myself. >> very smart. too early for a halloween forecast. >> it is. let's get a look right now. we are expecting low 90s inland. and as we head throughout saturday and sunday, even hotter and possibly some beach weather by this upcoming weekend. so that's a little bit of good news. at least we're getting some hot weather. >> thanks for joining us. more local news at 6:00. [ female announcer ] you want family dinner to be special.

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